Bennett v. Smith et al

Filing 28

MEMORANDUM OPINION. Signed by Judge James H Hancock on 4/24/2014. (JLC)

FILED
2014 Apr-24 PM 01:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JERRY DALE BENNETT,

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Plaintiff,
vs.
RONALD W. SMITH and
JOHN GRAHAM,
Defendants.

Case No. 4:13-cv-00399-JHH-SGC

MEMORANDUM OPINION
The magistrate judge filed a report and recommendation on March 28, 2014, recommending
that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under 28 U.S.C. § 1915A(b) for
failing to state a claim upon which relief may be granted. (Doc. 27.) No objections were filed by
plaintiff.
Having carefully reviewed and considered de novo all the materials in the court file, including
the report and recommendation, the Court is of the opinion that the magistrate judge's report is due
to be and is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the
complaint is due to be dismissed with prejudice pursuant to 28 U.S.C. § 1915A(b) for failing to state
a claim upon which relief may be granted. A Final Judgment will be entered.
DONE this

24th

day of April, 2014.

SENIOR UNITED STATES DISTRICT JUDGE